Broadcasting
SERAP Threatens to Sue Gov Ajimobi Over Demolition Of Fresh FM Building
Socio-Economic Rights and Accountability Project, (SERAP) has written to Senator Abiola Ajimobi, Governor, Oyo State requesting him to “immediately halt all further eviction and demolition of Fresh FM building and to show full respect for the safety and dignity of residents and owner of Fresh FM. We also urge you to immediately begin repairs of the Fresh FM building and to adequately compensate the radio station and its owner and publicly guarantee non-repetition.”
The organization urged Ajimobi to “ensure full and effective respect for the rights to freedom of expression and media freedom in Oyo State. We request that you take this step within 7 days of the receipt and/or publication of this letter, failing which SERAP will take national and international legal actions to compel your government to act in the public interest and the overall interest of the rule of law.”
In the letter 21 August 2018 and signed by SERAP deputy director Timothy Adewale the organization said, “We have information to suggest that the destruction of Fresh FM was based on political considerations and retaliation against the radio station on purported allegations of defamation against you. The facts suggest that the demolition of Fresh FM building failed to comply with the principle of lawfulness and reasonableness. The demolition was neither done in the public interest nor carried out to achieve a legitimate aim.”
The organization said, “This apparently unlawful action has set a bad precedent, and created a high level of uncertainty and anxiety among many radio stations and other media organizations in Oyo State about the future because of the likelihood of their buildings being demolished when they are deemed to broadcast views which the Oyo State authorities may consider too critical or ‘defamatory’.”
The letter read in part: “By going ahead to demolish the Fresh FM building despite being served with the court papers in the case filed by the station, you implicitly obstructed access of the radio station and their owners to appropriate forms of legal protection, contrary to the provisions of the International Covenant on Economic, Social and Cultural Rights to which Nigeria is a state party and which is legally binding on the government of Oyo State.”
“SERAP is seriously concerned that the Oyo State authorities carried out the demolition of Fresh FM building with wilful disregard for the dignity, health, and safety of residents and the owner, who is a person with disabilities. The demolition of the radio station has now exposed residents to the elements and the public to the risk of complete collapse of the building.”
“Since your government’s action in this case suggests serious disregard for the safety and welfare of the residents of Fresh FM, the authorities’ conduct may have risen to a level of severity so as to constitute inhuman and degrading treatment of residents and owner, contrary to the provisions of the Nigerian Constitution 1999 (as amended) and the International Covenant on Civil and Political Rights to which Nigeria is a state party.”
“Your government has reportedly cut water, sewer, electricity, gas, and telephone lines to the radio station, rendering it uninhabitable and incapable of discharging its constitutional duties of informing the citizens and ensuring that government is both responsible and accountable to the people.”
“We contend that the action by your government has no basis in our laws, which provide that no public authorities must resort to self-help and carry out forced evictions and demolitions without a properly obtained court order. Your government’s action also violates Nigeria’s international human rights obligations, including its obligations under the International Covenant on Economic, Social and Cultural Rights to protect private property.”
“Your government has responded to the demolition of Fresh FM building on Sunday 19 August 2018, claiming that it demolished the building worth over N800 million because your government was ‘carrying out its statutory role in the public interest. Your government claimed it gave “ample opportunity for Fresh FM to regularise its building plan”. Your government also claimed the demolition of the Fresh FM building was not politically motivated.”
“However, available facts reveal that the demolition may have been influenced by political considerations, and done in retaliation for alleged defamation by Fresh FM. SERAP has seen an audio recording of you at the radio station in 2016 wherein you claimed to be under pressure from some of the members of your cabinet to demolish Fresh FM building on the ground that the radio station and its owner Mr Yinka did not support your political ambition but that you resisted the pressure to demolish.”
“SERAP has also seen a letter dated 3rd July 2018 and signed by your Attorney General and Commissioner for Justice Oluseun Abimbola wherein you alleged ‘libellous broadcast by Fresh FM 105.9.’ The letter claimed that during a programme “Political Circuit” on Fresh FM on Saturday 30th June 2018, the radio station ‘falsely accused, maliciously and wickedly misled the public and the entire world’ on your alleged interest in a private company.”
“Assuming there was a legitimate claim in defamation against Fresh FM, the proper venue for you and your government would have been to seek legal redress in court and not to resort to self-help in the form of arbitrary demolition of the radio station building.”
“The UN General Assembly has recognized the “fundamental obligation of governments (including that of Oyo State) to protect and improve houses and neighbourhoods, rather than damage or destroy them.”
“Further, the Universal Declaration of Human Rights, in Article 17 provides: ‘Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property.’ Similarly, the African Charter on Human and Peoples’ Rights to which Nigeria is a state party provides in Article 14: ‘The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.’”
National Broadcasting Commission (NBC) has said that Nigerians will no longer pay annual Digital Access Fees under the renewed Digital Switch Over (DSO) project.
Charles Ebuebu, director-general, NBC, disclosed this in an exclusive interview with the News Agency of Nigeria (NAN) on Wednesday in Abuja,
Ebuebu said viewers only need to purchase an approved decoder and satellite dish which cost below N20,000 to enjoy free television permanently.
“Previously, users paid an annual digital access fee of about N1,500, described as an administrative charge.
“The new system removes that annual fee. It provides free access to free-to-air television channels without any payment.
“Premium channels will be introduced later. Viewers who want those additional channels will be able to access them through paid services.
“Nigerian content on free-to-air channels remains free to watch. Unlike Pay TV, this platform does not require monthly subscriptions for its basic service,” he said
Ebuebu said approved decoders for the FreeTV will cost less than N20,000 and authorised sales outlets will soon be announced.
He urged Nigerians to wait for official information on approved dealers for the DSO decoders, warning that unauthorised sellers are exploiting growing public demand.
He reiterated that people only need a free-to-air decoder, along with a satellite dish instead of the old antenna system to receive the DSO signal.
“Once the equipment is installed, viewers can access all available channels across the country without paying any subscription fees,” he stressed
The DG dismissed claims by some retailers that there are different categories of decoders sold at varying prices, stressing that such sellers are not authorised by the commission.
According to him, the NBC will soon publish the list of approved dealers, official prices, and locations where genuine decoder boxes and accessories can be purchased.
The NBC boss said the DSO project is designed not only to improve television broadcasting but also to stimulate economic growth by creating jobs, attracting investment, and opening up opportunities for businesses that support the broadcasting industry.
Ebuebu noted that content producers and broadcasters stand to benefit significantly from the nationwide reach of the DSO platform.
Unlike the previous system, where many stations had limited regional audiences, he said the new platform will make their channels available to viewers across Nigeria.
He added that the introduction of audience measurement technology will provide scientific and reliable data on television viewership.
Ebuebu added that audience measurement technology will give advertisers greater confidence in placing adverts and enable broadcasters to demonstrate the true size and reach of their audiences nationwide.
Uchenna Mbunabo, Nigerian filmmaker, has raised concerns over the alleged unauthorised broadcast of Nollywood films by some Ghanaian television stations, calling on Ghana’s National Film Authority (NFA) to strengthen the enforcement of copyright laws.
Uchenna Mbunabo, Nigerian filmmaker
Mbunabo made the remarks during a conversation with James Gardiner, deputy CEO of the National Film Authority (NFA) of Ghana.
He questioned whether it was permissible for television stations in Ghana to download Nigerian movies from YouTube and air them without obtaining permission from the producers.
“I noticed that Ghanaian TV stations, the way they are stealing our films and showing them for free with impunity. Is it legalised in your country for TV stations to go on YouTube, download people’s sweat and show it for free?”
According to Mbunabo, some Ghanaian television stations have been downloading newly released Nollywood films from YouTube and broadcasting them without authorisation, depriving producers of revenue generated through the platform.
He also stated that he had not witnessed Nigerian television stations engaging in similar practices and questioned what measures Ghana was taking to protect filmmakers’ intellectual property.
Responding to the concerns, Gardiner acknowledged that the issue exists and said the National Film Authority had begun engaging relevant stakeholders to address it.
He disclosed that the NFA has held discussions with the Ministry of Communications, the National Communications Authority (NCA) and the National Media Commission (NMC) on improving copyright enforcement.
Gardiner explained that while Ghana has copyright laws, enforcement remains challenging because many television stations now operate digitally and may not have physical offices within the country.
“There are copyright laws, but they are not effective because a lot of the TV stations don’t have offices. Most of them are now digital, so they operate from anywhere. They can even have a Ghanaian TV station but be operating from Austria simply because it is digital.”
He added that authorities are considering a new licensing framework that would require broadcasters to undergo a fresh licensing process to improve monitoring and enforcement.
According to Gardiner, television stations found guilty of illegally broadcasting copyrighted content would be required to compensate affected producers through fines.
He added that repeat offenders could face suspension of their broadcasting licences, while a third violation could result in the revocation of their licences.
Although he did not provide a specific timeline, Gardiner said the reforms were already underway and expressed hope that significant progress would be seen next year.
Mbunabo welcomed the proposed measures but urged the National Film Authority to expedite the process, stating that unauthorised broadcasts continue to affect filmmakers’ ability to recover production costs through legitimate distribution channels such as YouTube.
He also stressed that his comments were not directed at Ghana’s film industry, noting that he has worked with several Ghanaian actors over the years and supports collaborations between Nollywood and Ghallywood.
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